Please advise.

[sshah1001]

Hi Gurus,

I am having a very piculiar situation. I have already mentioned in this forum about our dilema.

My wife went to India in Sep'03 with her first AP and due to some reasons, she could not come back to US before the expiry of that AP. Her AP got expired in Dec'03.

I had applied for her new AP in Sep'03 but sent a wrong check so returned back while I was also in India. When I came back in Nov, I resent it back with the correct check. So, new rcpt date is Nov.

I have still not received her new AP.

Now, problem is that as per rule, she cannot use her new AP as she was not here and she is still not here when I applied for her AP.

So, I tried to get her back on H4 visa but there also, strange thing happened. US consulate in Mumbai asked her whether she was here in US in 1998 whereas we both came to US for the first time in 2001. After she said NO, they did her finger printing there in Mumbai and asked her to wait for their decision for about a month.

I am in a very bad situation here. I really don't understand, how to bring my wife back if for some reason, she does not get her H4 renewed. Our I-485 is pending for approval. Even, my passport also does not have H1 stamped. I sent my I-797 original for her H4 but that is also in a waiting status.

Please advise me gurus.

Thanks in Adv.

 

[ginnu]

Now, problem is that as per rule, she cannot use her new AP as she was not here and she is still not here when I applied for her AP.
----- yes she cannot use that AP
So, I tried to get her back on H4 visa but there also, strange thing happened. US consulate in Mumbai asked her whether she was here in US in 1998 whereas we both came to US for the first time in 2001.
----- She could have pointed to POE entry stamp on her passport
After she said NO, they did her finger printing there in Mumbai and asked her to wait for their decision for about a month.
----- I think her name is similar to some other name, they will send the info to DOS in Washington DC and may receive response back in 50-75 days.
I am in a very bad situation here. I really don't understand, how to bring my wife back if for some reason, she does not get her H4 renewed. Our I-485 is pending for approval. Even, my passport also does not have H1 stamped. I sent my I-797 original for her H4 but that is also in a waiting status.
----- You need to contact good lawyer. Contact good lawyer in NYC his name is Cyrus Mehta (www.cyrusmehta.com) he has also office in Bombay and in Bombay you can contact
Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C. She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)

 

[sshah1001]

Hi ginnu,

Thanks a lot.

I will ask my wife to contact the attorney in Mumbai ASAP. US Consulate has asked my wife to wait for 3-4 weeks and if she doesn't hear by then, she can call them.

Thanks,

 

[sshah1001]

Originally posted by ginnu
----- I think her name is similar to some other name, they will send the info to DOS in Washington DC and may receive response back in 50-75 days.
----- You need to contact good lawyer. Contact good lawyer in NYC his name is Cyrus Mehta (www.cyrusmehta.com) he has also office in Bombay and in Bombay you can contact
Poorvi Chothani is the correspondent attorney in Mumbai, India for Cyrus D. Mehta and Associates, P.L.L.C. She has graduated with an LL.M. degree from the University of Pennsylvania Law School, and is admitted to practice law in to the State of New York. She may be contacted in Mumbai at (22)-2218-1372 or 98209 39666.)

Ginnu,

My wife called up consulate in mumbai yesterday to check the status. They told her that finger printing result may take 4-6 weeks also. Now, the problem is that my wife is pregnent and she can travel only upto 23rd April and after that it will be very risky to travel by Air for such a long journey.
In such a case, can any lawyer help to get her finger printing done before that. They also told her that she cannot travel to us until her finger printing results come.
Today, I submitted my case to immigration senator here with very little hope.
Don't know what else I can do. If she is not able to come here, she will have to deliver the baby in india and I would have to go there. In bad situation...